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04-24-90 APRIL 24, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:04 P.M., Tuesday, April 24, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty (Arrived 6:55 P.M.) Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - Interim City Manager Robert Barcinski and City Attorney Herbert W. A.. Thiele 2. The opening prayer was delivered by Reverend John Scott of St. Pauls Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager informed the Commission that an Addendum was issued and the numbers need to be changed as follows: 6.G. - Resolution No. 48-90; 26.A. - Ratification of South Central Regional Wastewater Treatment, 26.B. - Appointment of the City Attorney, and 16.A. to follow with other issues with Mudge Rose. Ms. McCarty will be late, but she has requested that items 27 and 37 be pulled from the consent agenda and added to the regular agenda. The Interim City Manger also called attention to the Special Meeting Minutes dated April 4, which should be dated April 3. Mr. Andrews requested 38.C. be moved from the consent agenda to the regular agenda. The Interim City Manager stated Ms. McCarty requested items 11, 14, 15, 16, 21, 27, 26.B. and 37 be pushed back so that she will be here for the discussion. Mr. Andrews moved to approve the agenda as modified, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Mr. Randolph moved to approve the Special Meeting Minutes of April 3, 1990 and Regular Meeting Minutes of April 11, 1990. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch introduced Mr. Dave Harden, the new City Manager. Mr. Harden officially comes on board May 21, 1990, but for the next month he is consulting with the Commission and learning about the City. 6. Proclamations: A. Mayor Lynch read and presented a proclamation proclaiming April 22, 1990 as "Earth Day." Mark Stowe, representing the Nutrition Cottage, came forward to accept the proclamation. B. Mayor Lynch stated new trees will be dedicated and placed in the front of City Hall on Friday, April 27, at which time a pro- clamation will be presented proclaiming April 24, 1990 as "Arbor Day." Mayor Lynch stated that Waste Management had donated trees and a plaque at Barwick Park, and they have promised to donate $1,000 per year worth of trees to the City of Delray in honor of Earth Day and Arbor Day. C. Mayor Lynch presented a proclamation proclaiming April 22 through April 28, 1990 as "Victims' Rights Week." D. Mayor Lynch presented a proclamation proclaiming May 1 · through May 7, 1990 as "Florida Nurses Week." E. Mayor Lynch presented a proclamation proclaiming May 7, 1990 as "Nurses Day." F. Mayor Lynch presented a proclamation proclaiming May 9, 1990 as "National Youth Fun and Fitness Day." 7.A. Presentation. Resolution No. 48-90. Resolution No. 48-90, commending Herbert W.A. Thiele for his 10 1/2 years of dedicated service as City Attorney for the City of Delray Beach, is before the Commission for consider- ation. The Interim City Manager presented Resolution No. 48-90 : A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING HERBERT W.A. THIELE FOR 10 1/2 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 48-90 is on file in the official Resolution Book) Mayor Lynch read the entire Resolution which was unanimously adopted by the Commission. He presented Mr. Thiele with a plaque in recognition and appreciation for dedicated service and accomplishment for better government as City Attorney. PUBLIC HEARINGS 7. Ordinance No. 13-90. Ordinance No. 13-90, amending the Code of Ordinances by enacting a new Section 52.03, "Use of Water from Hydrants" to provide for potable water on an interim or temporary basis from fire hydrants upon approval of the Director of Public Utilities; provides application requirements; and for a minimum deposit fee of $350, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 13-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", BY REPEALING SECTION 52.03, "USE OF WATER FROM HYDRANTS", AND ENACTING NEW SECTION 52.03, "USE OF WATER FROM HYDRANTS"' TO PROVIDE FOR OBTAINING POTABLE WATER ON AN INTERIM OR TEMPORARY BASIS UPON APPROVAL OF THE DIRECTOR OF PUBLIC UTILITIES, TO PROVIDE THAT IF APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES ON AN INTERIM AND TEMPORARY BASIS THE APPLICANT SHALL BE REQUIRED TO SUBMIT AN APPLICATION INCLUDING A MINIMUM DEPOSIT IN THE AMOUNT OF $350, PROVIDING THAT MINIMUM CHARGE WILL BE ASSESSED PURSUANT TO SECTION 52.34, AND PROVIDING THAT ALL CHARGES BE PAID IN FULL BEFORE THE RETURN OF THE DEPOSIT. PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 13-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 13-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. -2 4-24-90 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 uote. 8. Ordinance No. 14-90. Ordinance No. 14-90, amending the Code of Ordinances by amending Section 71.068 "Cost of Parking or Standing Vehicle in Certain Metered Spaces" to provide for an increase of the parking fees in parking lots located east of Andrews Avenue Fire Sta- tion, Atlantic Dunes Park, Anchor Park, and Sandoway Park to .75 cents per hour, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Resolution No. 14-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", "PARKING METERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", SUBSECTION (A), BY REESTABLISHING THE COST OF PARKING A VEHICLE IN CERTAIN PARKING METER SPACES; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 14-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 15-90. Ordinance No. 15-90, amending Chapter 110, "Occupational License is Required" of the City Code by enacting a new subsection to provide that the requirements of Florida Statutes Section 481.201 through and including Section 481.288 and implementing Rules of the Florida Administrative Code, regulating the practice of architecture and interior design are incorporated into our City Code, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 15-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATION", CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.08, "WHEN STATE LICENSE IS REQUIRED", BY ENACTING A NEW SUBSECTION 110.08 (C), TO PROVIDE THAT THE REQUIRE- MENTS OF FLORIDA STATUTES, CHAPTER 481, "PART I"' "ARCHI- TECTURE AND IMPLEMENTING RULES OF THE FLORIDA ADMINISTRA- TIVE CODE, GOVERNING ARCHITECTS AND INTERIOR DESIGN PROFESSIONS SHALL BE INCORPORATED HEREIN, AND PROVIDING THAT THE CITY SHALL NOT ISSUE A BUILDING PERMIT (S) IF THE PROVISIONS OF FLORIDA STATUTES SECTIONS 481.201 THROUGH 481.233 OR IMPLEMENTING RULES OF THE FLORIDA ADMINISTRATIVE CODE HAVE NOT BEEN MET; PROVIDING A SAVINGS CLAUSE; PROVIDING AN GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-90 is on file in the official Ordi- nance Book) -3 4-24-90 The City Attorney read the caption of the ordinance. A public -hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 15-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. PUBLIC COMMENTS 10.1. Jay Slavin, resident of Delray Beach, thanked the City Attorney for his stability, wisdom and beneficial explanations which he contri- buted to the City. She expressed he will be sadly missed, but wished him well. 10.2 Sam Schwimer, Chairman of Area Nine of the Silverhaired Legislature, and a Delray resident, stated Area Nine planted a tree at Banyan School, with all the children participating in the ceremonies. Also, as Director of the Board of Pines of Delray, Mr. Schwimer requested the Commission to oppose any closing of Lowson Boulevard at Military Trail. This area is an open spot for hurricanes and has to be used as an escape route to the West. There are well over 4,000 resi- dents in the immediate area of Lowson Boulevard who use this east west artery. 10.3. Frank Spence, Executive Director of the CRA, stated the CRA voted unanimously to recommend and request the City Commission to seek, from our Legislative Delegation, a one time grant of 2.5 million dollars for the purpose of acquiring and renovating the former Winn Dixie Store on N.E. 2nd Avenue in order to convert it into the Delray Beach branch of the Palm Beach Community College. The Pineapple Grove Area would greatly facilitate the economic redevelopment of that area, attracting 300-400 people per day. Previous discussions with Palm Beach Community College President Ed Eissey have shown that they did not have any money to purchase or renovate the building, leaving them to look to the CRA or the City to purchase the building. The CRA urges the City Commission to support this effort by sending a letter to members of our Legislative Delegation and directing their lobbyist to promote this grant request. 10.4. Rosetta Rolle, President of the Delray Beach Voters League and resident of 301 N.W. 3rd Avenue, stated there is much paramount concern taking place in Delray Beach. There has been talk of eliminating the position of someone the residents hold in high esteem and who is a role model for our youngsters. One of these rumors is that Mr. John Elliott would be fired. This Commission has consistently looked over Mr. Elliott as if he wasn't there. In their goal setting he should have been one of the primary persons to participate in the planning sessions, however; he was not allowed to perform. This Commission is willing to risk public displeasure with these controversial moves. They have in- vested many hours building a good community and watched Delray grow from a sleepy little town to a thriving metropolis. She requested that the Commission consider the needs of Delray Beach, not their own personal prejudices. 10.5. Alice Finch, 707 Place Tavant, commented that she, and other residents of Delray, would like to see the Commission meetings remain on Tuesday nights at 7:00 P.M. The system that has historically been going on for at least 15 years should remain in effect, as the most important things happen when the public is not here, and she would like to see the Commission reconsider. 10.6. Helen Coopersmith, President of the Progressive Residents of Delray, stated PROD had a membership meeting on April 16, 1990 and discussed requesting the City Commission to bring the meetings back to Tuesdays at 7:00 P.M. She asked that the Commission please consider the public; as they would truly appreciate reverting back to the 7:00 meetings on Tuesday nights. -4 4-24-90 10.7. Virginia Schmidt, resident of High Point of Delray, commented .on a proposal regarding the Personnel Department which, she expressed, is not to be construed as being in opposition to the new Commission. She would like her position on a proposed privatization, that is contracting out of the Personnel Department, to be on the public record. The idea of privatization, as she understands it, was borrowed from the City of Palm Beach Gardens, a City of 200 employees, and it does not provide a suitable or equitable proposal for the City of Delray Beach which services in excess of 600 employees. The welfare of the City's employ- ees is inextricably a vital part of an efficiently operating organi- zation. With 31 years in the Personnel Department for both City and Federal Government environments, she feels the City of Delray Beach has one of the finest, most comprehensive personnel programs she has ever had the pleasure to contact. REGULAR AGENDA 12. Appointment of a Member to the Education Board. The Commission is to consider appointing a member to the Education Board to fill the seat vacated by the resignation of Mike Plum. Seat No. 2 appointment. Dr. Alperin moved to appoint Loren Sheffer to the Education Board, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 13. Appointment of a Member to the Board of Construction Appeals. The Commission is to consider appointing a member to the vacant general contractor position on the Board of Construction Appeals to a term ending April 11, 1992. Seat No. 4 appointment. Mr. Randolph moved to appoint Jay Felner to the Board of Construction Appeals, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 17. Proposed Reorganization - Public Utilities Department. The Commission is to consider approving reorganization for the Public Utilities Department which would increase technical and professional capabilities, consolidate work activities and reclassify job descrip- tions. Net cost to implement reorganization is $50,555. Approval is recommended. Mr. Andrews moved to approve the proposed reorganization of the Public Utilities Department, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: The Interim City Manager stated that the recommendation stands as proposed, with the exception of proposing to pull the Public Safety Officer from the Public Utilities Department, putting that position under the Risk Manager, and using funds from Public Utilities. Direct- ion would be to work in Public Utilities first, then in the following years under the Risk Management Fund Budget. Also, the cost estimate was based on salaries only and the full cost is estimated at approxi- mately $70,00 per year for the differential. Mayor Lynch questioned if the safety officer would be under Risk Management. The Interim City Manager advised that is what is being proposed from this reorganizational proposal. The position now under the Risk Manager will remain for the balance of this year, paid for by the Public Utilities Fund, and next year's cost will be paid by the Self- Insurance Fund. Mayor Lynch questioned if the additional $24,000 - $25,000, needed for June, is within the budget. Mr. Greenwood, Director of Public Utilities, stated funds are available within the existing revenue -5 4-24-90 fund. Upon question by Mayor Lynch, Mr. Greenwood replied that the main -purpose is to give better support at the top end, to give backup support and to help with the implementation of the Bond Issues, which will hope- fully be passed to take care of the Sewer and Water situation. Mr. Randolph questioned if this person is already on board or if we are going to advertise. Mr. Greenwood said the person is not on board and all positions are advertised. Upon question by Mr. Andrews, Mr. Greenwood answered he had the opportunity of meeting with Mr. Harden to review the proposal. Mr. Barcinski was also present and the general recommendation was support. At this point the roll was called to the motion. 18. Approval of Short-list and Selection of Consulting Engineering. The Commission is to consider approval of a short-list for engineering services for the Water Treatment Plant Softening Conversion project and authorize staff to negotiate a contract with the first ranked firm. Dr. Alperin moved to approve the short list and selection of consulting engineer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Lynch asked Mr. Greenwood how much money is spent for consulting in his department. Mr. Greenwood replied that approximately 10% of the estimated project costs will be allocated to consultants. Mayor Lynch asked if this reorganization will help start the change being spent on outside consulting. Mr. Greenwood replied it would not; it is mainly for project control, project management, project tracking, the negotiations that are required for change orders, RFQ's and other construction and administration costs. At this point the roll was called to the motion. The Interim City Manager asked for clarification of the motion; will it include the authorization for proceeding the contract negotia- tions with CH2M Hill. Mr. Greenwood replied it would. 19. Approval of Short-List and Selection of Architect. The Commis- sion is to consider approve short list of architects to design improve- ments for Miller Field, Veterans, and Currie Commons Park, and authorize staff to interview these firms for award of contract for this project. Dr. Alperin moved to approve the short-list selection, directed staff to interview firms, make their recommendations and come back to City Commission, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: The Interim City Manager stated staff recommendation is to assign all the projects to one firm. Staff will review six firms and come back to the Commission with their recommendation. Mr. Andrews stated he would like to short-list to three candi- dates, or see if any of the six would be interested in providing a sketch proposal to the Commission, for a minimal fee, in order to get various ideas as opposed to limiting the selection to one idea. Mr. Randolph stated he would like to see the work divided and awarded to three firms as there are three entities. Mayor Lynch stated he would like the staff to analyze the six firms and their proposals, and come back to Commission with three recommendations. He recommended using local firms as they would have a -6 4-24-90 more vested interest in the City as well as a better knowledge of the -City. Joe Weldon, Director of Parks and Recreation, stated the bond issue for Miller Park is $375,000, Currie Commons Park is $230,000 and Veterans Park is $500,000. He would like to have Miller Park done like Little Fenway Park by contracting with the Baseball School for certain segments. The Baseball School should be responsible for the sodding, the Major League Field, irrigation system; things which are common to us and them. The City would be responsible for the lighting, the rest- rooms, the parking lot and the entrance road. The architect would draw up the site plan, and work on the specifications necessary for the City to get their work done. The Baseball School would have to follow the site plan, but they would have their own architects to contract the items that they would be responsible for. An irrigation system for the entire 10 acres of Miller Park has to be put in, and the City can operationally do only part of that. The Baseball School would get three low bids, put the irrigation system in, and then the City would re- imburse them that portion that was due under the agreement. His recom- mendation is to go with one firm as an economy means of savings. Mr. Randolph stated he would like Currie Commons and Miller Park grouped under one architect and Veterans Park under a sole archi- tect. Mayor Lynch asked if one architect proposed the proper finances would there be a problem with one firm doing the work. Mr. Randolph stated he would feel comfortable if they could get a better deal on one firm as opposed to two firms. At this point the roll was called to the motion. Ms. McCarty arrived at this time. At this time, Mayor Lynch left the Commission Chambers due to a conflict of interest. Vice-Mayor McCarty took the Chair. FIRST READING 11. Ordinance No. 16-90. Ordinance No. 16-90, rezoning Delray Town 'Center, a 9.5 acre parcel located between the Albertson's and Shadywoods properties from POC (Planned Office Center) District to LC (Limited Commercial) District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 22nd, per request of applicant. The Interim City Manager presented Ordinance No. 16-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN LC (LIMITED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORID; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 680 FEET EAST OF MILITARY TRAIL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 16-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 1 vote. Robert E. Basehart, agent for the owner, stated the property in question is approximately 10 acres of land located at the northwest corner of Linton Boulevard and Military Trail and situated between the Albertson's portion of Delray Town Center and the Shadywoods residential development. At present, work is underway to expand the center by an -7 4-24-90 additional 76,240 square feet. The total center, with approval, will be -177,657 square feet. Associated with that construction is the present excavation of a drainage (lake) facility adjacent to Shadywoods, to serve the aesthetic function and buffer purposes. There will be full entry to the center from Linton Boulevard. The center is totally leased out, is consistent with the City's Comprehensive Plan, and certainly will be a successful center. George Anderson, former President of the Lakeview Homeowners Association, stated the residents of Lakeview and Shadywoods are clearly opposed to this proposal. Steven Rubin, President of Shadywoods Homeowners Association, clarified this is not in lieu of the public hearing that will be held on May 22nd, should the Commission vote on this Ordinance. The Association is continuing to negotiate with the developer to see what resolution can be obtained with regard to the rezoning; they are preparing a presenta- tion, to the Commission, of all of the points that are set forth in the code of factors that have to be considered to change the zoning from POC to LC. The Interim City Manager stated staff presented to the Planning and Zoning Board a recommendation of approval based on a finding that the zoning of LC was consistent with the transitional land use desig- nation of the future land use map, and the request had been studied with respect to the standards of section 173.888. The Planning and Zoning Board recommended denial with at 6 to 1 vote, at their April 16th meeting. They based this denial on a determination that the LC District would accommodate usage which is more intensive than that allowed by POC zoning in terms of the usage extending into evening hours, an overall increase in average daily traffic, and a greater range of uses some of which may be inappropriate in proximity to the existing residential area to the east. Upon question by Dr. Alperin, Mr. Paul Dorling, Planning and Zoning, advised the lake is the right size and potentially a little bit larger than would be necessary to accommodate the South Florida Water Management District and City requirements for drainage retention. Dr. Alperin stated there should be some sort of a delineation with land protrusions into the Lakeside and if they are going to go forward with this he would like to see something that would have a visual impact. Mr. Dorling stated in the design of the center there is a significant area for landscaping, some preservation and a supplementing of the vegetation by trees and landscape materials that were removed for the development of the center. He stated that graphics have been pre- pared and would like to present them at the meeting on the 22nd of May. Mr. Randolph questioned the difference in size of footage resulting from changing from the POC plans to the LC plans. Mr. Dorling responded there was a reduction; the latest site plan approved on the POC section was a little over 98,000 square foot of building area and a two story structure. The proposed plan is about 77,000 square feet, which comes down to a 21 or 22,000 square foot reduction in total floor area and a reduction from two stories to one. Mr. Randolph questioned when the estimated completion date would be for Albertson's. Mr. Dorling advised it would be early fall of 1990. Upon question by Dr. Alperin, if the site plan is already approved for this property, and if the land is already being cleared, have the appropriate permits been pulled, Mr. Dorling advised there was a site plan approved about two years ago for a 90,000 square foot office building. The appropriate permits have been pulled, earth is being moved and the lake is currently under construction. Dr. Alperin ques- questioned if the area is being developed under the old plan. Mr. Dorling responded the lake is being built as part of Phase I. -8 4-24-90 Dr. Alperin questioned if the whole area needs to be cleared · for drainage. Mr. Dorling responded that there has to be clearing to accommodate the underground drainage facilities that are being done. He presented a sketch, required as part of Phase I, showing what areas had to be left often and what had to be closed. Dr. Alperin commented he would like to see the area remain undeveloped altogether mainly because of the attitudes of what has been developing by both sides. If this is passed this evening, it is his feeling there is going to be a major undertaking on both sides to find common ground. He stated he wanted the best for everybody, which means not everybody will have exactly what they want. He would like to see a common effort made on both sides before the City is forced to do it. Ms. McCarty questioned, with regard to the legal situation, if the request of the developer was turned down, with the history of the site and what zoning is permitted, where does that leave them as a Commission. The City Attorney advised there would be some significant hurdles that need to be overcome, one of which is currently compatible with the transitional grouping of zoning categories in the Comp Plan. Secondly, but even more importantly, is that the professional staff has found in their recommendations that each of the criteria by which the Commission is to judge has been met by the applicant. Those recommend- ations will come back again if they were to be denied. The Planning and Zoning Board did come up with their own objections to the plan, those items forementioned, the most significant being the vehicular traffic increase and it's effect. There are reasons why Planning and Zoning came to their denial, but the position is not strong. Ms. McCarty questioned if the restrictions applied to the first phase of this property would be extended to this parcel if this were approved. The City Attorney stated anything can be done if both parties agree to it; the applicant cannot be imposed on involuntary at the rezoning stage. Ms McCarty questioned what the options are in order to protect them legally and to get what is right. The City Attorney advised they could do an SAD. At this point the roll was called to the motion. Mayor Lynch returned to the Commission Chambers at this time. 14. Short Term Financing - Water and Sewer Projects. The Commis- sion is to consider securing a letter of credit as an alternate funding source for a Water Treatment Plant Odor Abatement project. Approval is recommended. Lavonne Wisher, Managing Director with the firm of Public Financial Management, and financial advisor with the City of Delray Beach, advised there has been a request to analyze the water and sewer issue and to make a recommendation as to the method of sale; whether to go competitive or whether to go negotiative. Last week the Commission had been advised to go with the Letter of Credit until the two issues were marketed. The engineer has advised that they do not wish to ask for the 60 day extension as previously advised, and that there may be a need for some of the money for the project. Recommendation requesting a proposal for a line of credit is being made in order to have it in line in case of need. If not needed there will be no cost. Mayor Lynch requested changing "letter of credit" to "line of credit". Mr. Andrews moved approval for short term financing, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 15. Resolution 46-90. Resolution 46-90, amending, supplementing and restating Resolution No. 39-88, by authorizing the issuance of not exceeding $8,000,000 Water and Sewer Revenue Bonds for the purpose of financing certain additions, extensions, and improvements to the City's combined public utility, is before the Commission for consideration. -9 4-24-90 The caption of Resolution No. 46-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO 39-88, BY AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $8,000,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF FINANCING CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY AND PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE WATER AND SEWER REVENUE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF THE WATER AND SEWER REVENUE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 46-90 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 46-90, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 16. Type of Sale - $8,000,000 Water and Sewer Revenue Bond Issue. The Commission is to consider whether the underwriter for the $8,000,000 Bond Issue will be selected by the negotiation process or by competitive bid. Lavonne Wisher stated, in reviewing the structure of the proposed Water and Sewer Bond Issue, they had to analyze and gather information for the Commission in order to decide whether or not there should be a competitive or negotiative bid. In looking at a competitive sale, you will see a straight revenue issue where there are no complexi- ties, the market is very stable, and there is a need for the money in the market in order to have a good paper and a good sale. In negoti- ative, there is an unstable market or it is erratic and you see the interest rates going up and down. Greater flexibility and greater timing is needed because on the competitive sale you are going to take your bids on a certain date. It could be then that you would hit one of those high times. Another consideration of negotiative would be how complex the structure is. In this particular issue, which is going to be a parity to their existing water and sewer issue, it will be very difficult to make the parity for the $8,000,000. It is going to require some kind of creative financing such as capital appreciation bonds or original discount bonds as there is a possibility that your rate in- crease will not be in place by that time. When you have a structure that has not previously been into the market, the investors are not familiar with it and it will be very difficult for the brokers and the dealers to explain it, which is another reason to go for a negotiative deal. With a negotiated deal it is very easy to sell this issue within the market because of the timing and the flexibility. In reviewing all of the aspects of the City's upcoming issues, it is to the advantage of the City of Delray Beach to do a negotiative sale. It is incumbent upon the City to bring their underwriters on board as soon as possible so they can help develop the structure. In picking underwriters, they can go out with a Request For Proposal. If they do a Request For Proposal, they need to pre-qualify their underwriters. They need to have the balance between retail sales and institutional sales; that will help sell the bonds at the lowest interest rate. When there are a lot of investors that would be interested they can negotiate with price. If they feel comfortable with underwriters, they should, as soon as possi- ble, select someone because timing is of the essence. The names of the ten largest underwriters from the last two years, doing Water and Sewer Issues in the State of Florida, were pulled from the securities data and furnished for the Commission's edification. Mr. Andrews questioned if Boynton Beach is using one of these firms. Ms. Wisher commented, yes, they are using Smith Barney. -10 4-24-90 Upon question by Mayor Lynch, if she reviews the negotiated · price once it has been submitted, Ms. Wisher stated they are there for the pricing, negotiating pricing costs, and making recommendations. Ms. Wisher stated there are two ways to select an underwriter. Portions of the spread can be negotiated now and the pricing can be done at market time, or it can be negotiated at one time, which is just before we go to market. If there is a cost interest, which there should be, certain parts of the spread should be negotiated now and submitted for approval. Mr. Randolph questioned what time difference there was between a competitive sale as opposed to a negotiative sale. Ms. Wisher stated timing was just about equal; a negotiated sale could be done today to market a little faster, because the proper notices of the 15 days of the bond buyer would not have to be done. Based upon the City's time schedule, either one could be done in the same time frame. Mr. Randolph moved to approve the negotiated process for an $8,000,000 water and sewer bond issue, seconded by Dr. Alperin. Ms. McCarty questioned at what point they talk about the fees paid to the financial advisor. The City Attorney advised this was a different subject which is dependant on whether or not guidance is given to the staff and the financial advisor now or if you choose to see how it is negotiated. Ms. Wisher stated there will be a gross spread per issue. If the Commission desires, as a part of this motion, the costs and recom- mendations will be set forth upon negotiations. Mr. Randolph amended his motion to include the provisions set forth including using Smith Barney as first choice for an underwriter. Dr. Alperin amended his second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. The City Attorney stated Resolution No. 46-90, included author- ization but not direction for the City Attorneys' office and Bond Counsel to validate the $8,000,000 issue. His recommendation is that bond issues should always be validated because it has a benefit for future reference. With this particular issue, the line of credit subject will cause, in all probability, an extension of the closing on the bond issue maybe another 60-90 days. The likelihood of using some, or more, money in the line of credit will occur if you validate. If there is no validation there will be a monetary savings. It is a comparison of saving money now and not validating, or validating and spending some money. Ms. McCarty moved to validate the bond, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 16A. Approval of Mudge Rose's Proposal to Assist in the Development of the Storm Water Utility Fee. The Commission is to consider approval of Mudge Rose's proposal to assist in the development of the Storm Water Utility Fee. Ms. McCarty moved for approval of the Mudge Rose Proposal, second by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. The City Attorney stated the Commission discussed utilizing the Mudge Rose firm to assist in preparing the necessary materials with regard to the storm water drainage issue. The Commission indicated in favor of continuing to utilize Mudge Rose because of the relationship the City has with them, as well as the potential connection to the Comp Plan GO Issue. At this point the round number of fees are before them and directions are requested from the Commission for proceedings. -11 4-24-90 20. Conditional Use and Site Plan Approval. The Commission is to .consider a request for conditional use and site plan approval to convert an existing single family structure at 206 S.W. 13th Avenue to accomo- date a proposed Day Care Center (Little Lee Christian Academy). Approv- al is recommended. Ms. McCarty moved for conditional use and site plan approval, seconded by Mr. Randolph. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 21. Site Plan Approval. The Commission is to consider a site and development plan for a proposed 15 unit, multi-story development, Heritage Manor, to be located at the corner of Miramar and Venetian. Denial is recommended. Mayor Lynch stated due to the fact that this reading would either approve or deny without a first or second reading because it is not rezoning, he would like to request of the Commission, if they would be agreeable, to having public comments as he has received a lot of calls and concerns from citizens. The City Attorney advised a public hearing is not required on site plan hearings; it is up to the Commission. Timothy Mahan, attorney representing the applicant, stated the applicant purchased real property on Venetian and Miramar from the City on the 14th or 15th of March of this year. The zoning on that parcel is RM-15, and he would like to emphasize that he is not asking for any variances or changes. The project in question is completely within the RM-15 Zoning District. The only requirement is to go through the site plan process which is being done. There were no problems with the CAB and Mr. Kovacs, Planning Director, set forth a 12 or 13 page report explaining this project. There were concerns from residents in the neighborhood about height; RM-15 entitles them to 48 feet. Mr. Kovacs set forth a 13-14 page report from his department which went through all the standards for approval or disapproval of a project like this. There was nothing within that report that would merit disapproval. In responding properly to the comments from the public, the Planning and Zoning Board sought a way for disapproving this, which was to say it was out of character. Mr. Kovacs, in fact, found this will enhance property values in that neighborhood. If out of character means it will decrease property value the exact opposite effect is happening here. There is no articuable, legally sufficient reason to turn this down. All of the technical points brought up by Mr. Kovacs are agreeable to the developer and he feels he is entitled to having the site plan approved. Steven Curic, owner, stated he bought this property due to the fact it was zoned for a 15 unit building. The following persons spoke in opposition to the project: Elizabeth Matthews, Bob Chapin, Bertan Rice and Douglas Brown. Digby Bridges, Chairman of the Planning and Zoning Board, felt it was too crowded, it was overbearing, and the parking was down 1.6 feet from the street level which is not good design. Everything was used in the design to maximize the site rather than take into considera- tion the character of the area. Dr. Alperin stated his concern was that it would be an eyesore if the five story building were built. The project is too massive and too busy. His preference would be for the developer to consider possi- ble reduction of the number of apartments, spread it out and look to the Planning and Zoning Board to make some allowances of variances for a more acceptable design for that area. Dr. Alperin questioned if the Commission denied this request, what is the next step. The City Attorney stated if the Commission denied the request, the developer would have the possibility of rede- signing and coming back with another site plan which might be accept- able. If they did not want to go that route they would have the option -12 4-24-90 of challenging the decision in the courts. The Court would conduct a · hearing on the matter and basically look at the same factors that have been looked at, then make a determination on whether or not the Co~is- sion did an acceptable thing on denying it. Ms. McCarty stated this issue came before the Commission two years ago, when at that time she took the consideration of the residen- tial character on this property. Mr. Randolph commented that in any particular neighborhood most people want compatible structures as much as possible, therefore, in height and intensity, this building would be illput for that area. This building would have a squashing effect on the surrounding areas which is of particular concern, and he cannot support a five story building on that location. Mr. Andrews stated he would like to see all sides of this building compatible, which is not the case at this time, and while that building is being reworked there is a possibility of reducing the amount of footage. Mayor Lynch stated all of this should have been considered when it was being sold. At this stage, the developer has paid money to the City, there are certain obligations on the City's part, but it should be compatible to the neighborhood. Ms. McCarty moved to postpone the site plan approval remanding it back to Planning and Zoning, seconded by Mr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 22. Summer Hire Youth Program. The Commission is to consider approval of a City sponsored, seven week, Summer Hire Youth Program. Approximate cost of this program is $15,000. Funding to come from various Departments Contingency Accounts. Approval is recommended. Ms. McCarty moved to approve the Summer Hire Youth Program, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 23. Agreement Between the City and Private Industry Council. The Commission is to consider agreement with the Private Industry Council authorizing the City to be used as a work site for the Summer Youth Employment Training Program. Approval is recommended. Ms. McCarty moved to approve agreement between the City and Private Industry Council, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 24. Historic Preservation Design Guidelines Project. The Commiss- ion is to consider authorizing staff to reject proposals received on this project and request new proposals for the Historic Design Guide- lines Manual using a modified Request for Proposals. Approval is recommended. Ms. McCarty moved to approve staff recommendation to reject, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Paul Dorling, Planning and Zoning Department, stated the pro- posals came in at a higher amount of money than was originally budgeted for this purpose. The proposals did not totally meet the intent of the Board, therefore rejection is proposed, and redrawing proposals and rebidding is recommended. -13 4-24-90 Ms. McCarty stated time is of the essence and the planning -staff should try to make it a priority. 25. Consideration of Appealinq Decision In The Nurmi Litigation. The Commission is to consider authorizing the City Attorney's office to appeal final judgement in the amount of $28,500 in the Nurmi litigation. Ms. McCarty moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Assistant City Attorney Kurtz stated this was a slip and fall issue. A judgement was returned finding the City to be 95% responsible and assessed damages at $30,000, therefore the $28,500 judgement amount. The court directed a verdict against the City on the issue of liability. It is their opinion that the court may have committed a reversible error and that is the basis for appeal. The request is for authority to pro- ceed with the appeal, and to negotiate a potentially lower settlement before the filing date of May 12th. Mayor Lynch questioned if there is subjection to a bad phase judgement. Assistant City Attorney Kurtz responded that there is a very valid issue on appeal. If the appeal is successful, it would remand the case back for a new trial and perhaps a better outcome for the City, but there is always the potential for a worse outcome. At this point the roll was called to the motion. 26. Settlement of Nuisance Abatement Liens. The Commission is to consider a request from the Estate of Eleanor Wilson to waive interest on unpaid nuisance abatement and water liens and accept settlement in the amount of $2,504.72. Ms. McCarty moved to deny the settlement of the nuisance abate- ment lien, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Assistant City Attorney Kurtz stated this was an estate that would like to pay off some liens, but not pay the interest. The total amount of the liens is $2,500 and the amount of interest to be waived is $419.28. The City Attorney's office would recommend the acceptance of that waiver. Mayor Lynch questioned why a leniency should be granted; the liens are there and the people owe the interest. The Assistant City Attorney responded by stating they will pay now versus the City going through a collection proceeding. Mayor Lynch stated he feels if the people owe the money it should be charged. Dr. Alperin questioned if the City has to go through litigation would the costs incurred be recoverable. Assistant City Attorney Kurtz advised the City could recover costs, but attorney's fees are not re- coverable. At this point the roll was called to the motion. 26A. Ratification of South Central Regional Wastewater Treatment and Disposal Board (SCRWTD) Action. The Commission is to consider ratifying SCRWTD Board action of April 19, 1990 which awarded the contract for the Odor Abatement System-Aeration Basins, New Electrical Service and Efflu- ent Pump Station Expansion to SCE, Incorporated in the amount of $10,935,000. The City's share of this project is approximately $5,467,500. City's approval is subject to securing funding. -14 4-24-90 Ms. McCarty moved to approve per the recommendation that City's · approval is subject to securing funding, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 26B. Appointment of City Attorney. The Commission is to consider appointment of City Attorney. Dr. Alperin moved to approve the offer with modifications of salary of $65,000, reconsidered in October, and elimination of the severance pay, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Dr. Alperin, Assistant City Attorney Kurtz stated that is his proposal, which he believes is fair, and has been discussed in some detail individually with each Commissioner. Ms. McCarty stated $65,000 is a fair place to start and she would look at his performance in October, with a possible increase at that time. Mr. Randolph stated the position Mr. Kurtz is assuming is one of the key positions in this City, and he has indicated that he is ready for that position. Mr. Randolph feels if Mr. Kurtz is that confident about his ability to handle things in this City, as they should be hand- led, his proposals are acceptable. Dr. Alperin stated he would like to start Mr. Kurtz's salary at $65,000 and reconsider in October. Mayor Lynch stated he feels comfortable with Mr. Kurtz and agrees with his proposal with the exception of the severance, which he feels is not warranted. Mr. Andrews stated he disagrees with the severance pay and believes $65,000 is a good starting salary with a review in October. Ms. McCarty questioned if Mr. Kurtz would be agreeable to the conditions set forth by the Commission. Assistant City Attorney Kurtz stated he felt it was unfair to ask him, at this point in time, to make that kind of a decision. He would like to discuss this with his family and look at his options. Ms. McCarty stated she sees this as a career move. This position will be a City Attorney position, not Interim City Attorney, and if at some point he moves on, it will not be as an Assistant City Attorney but as a City Attorney. At this point the roll was called to the motion. 27. Ratification of Old School Square Board of Directors. The Commission is to consider ratifying selection of members to serve as the Board of Directors for Old School Square as proposed by the membership of Old School Square. Approval is recommended. Ms. McCarty moved to ratify the list of names, and add two more board members, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 37. Resolution No. 47-90: Resolution No. 47-90, supporting Palm Beach County School Board's decision to purchase property located on the corner of Atlantic Avenue and Barwick Road for the purpose of construct- ing a new middle school, is before the Commission for consideration. The Interim City Manager presented Resolution No. 47-90: -15 4-24-90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, SUPPORTING THE APPROVAL AND ACQUISITION OF THE WEST ATLANTIC AVENUE/BARWICK ROAD SITE FOR THE NEW CARVER MIDDLE SCHOOL. (Copy of Resolution No. 47-90 is on file in the official Resolution Book) Upon question by Mayor Lynch, Dr. Alperin advised this was unanimously approved by the Education Board. He further stated he feels the concern is that the residents in the area want to be reassured by the School Board that all considerations for the safety of the children are included in their plans. He would like to go on record that the Commission has requested the School Board consider that. Mayor Lynch stated he feels it is a fair consideration to add that to our approval. Dr. Alperin moved for the adoption of Resolution No. 47-90 requesting that the School Board take all precautions for the safety of the children, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Lula Butler, Director of Community Improvement, advised there has been preliminary discussions and this school is going to be modeled the same as the Omni Middle School on Yamato Road in Boca. There is no major parking lot for student parking that you see at Spanish River as this is a middle school and student's don't drive. This is for staff parking only. Upon question by Mayor Lynch, Ms. Butler stated a portion of this land is in the County and a portion in the City, so they will be coming in for voluntary annexation. Arthur Jackal, resident, commented he feels it is important that the School Board make it their responsibility to assure the safety and welfare of the children. He also thanked the Commission for their consideration. Helen Coopersmith, resident, asked if the City has any input on the style of the school. Mayor Lynch stated the site plan will be before the City for approval. The City Attorney stated the City must approve the site plan; however, the construction and technical codes are a different matter. At this point the roll was called to the motion. 38C. Office Furniture - City Hall Expansion - Business Environments, Inc. The Commission is to consider the amount of $56,080.05 with funding from 1987 Utility Tax - City Hall Expansion (Account No. 333-3461-519-60.31). Mr. Andrews moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 28. Request for Variance. The Commission is to consider a request from the property owner at 140 Harbor Circle for a variance to the City Code which requires the installation of a sewage pump in conjunction with construction of a proposed dock at that address. Approval is recommended. -16 4-24-90 29. Change Order No. 20 City Hall Expansion. The Commission is to ~consider approving Change Order No. 20 for the refurbishment of the first floor south wing of the City Hall building and for modifications to the lobby/Commission Chambers in the amount of $178,000 with funding from 1987 Utility Tax - City Hall Expansion (Account No. 333-3461-519- 60.31) and extension of contract with Sessoms Grice for an additional 120 days. Approval is recommended. 30. Approval of Final Estimate. The Commission is to consider approval of a final estimate in the amount of $90,062.72 for completion of the N.E. 1st Street Drainage Project with funding from 1987 Utility Tax Storm Drainage (Account No. 333-3161-541-61.12). 31. Approval of Interlocal E911 Agreement. The Commission is to consider approval of the interlocal agreement between the City and Palm Beach County for the enhancement and maintenance of the E911 emergency telephone number system. Approval is recommended. 32. Request for Waiver of Rental Fees. The Commission is to consider a requeS'~ for waiver of the rental fees, in the approximate amount of $250, for use of City owned equipment (stage, eight tables and 20 folding chairs) from the Cystic Fibrosis Foundation. Approval is recommended. 33. Resolution No. 42-90. Resolution No. 42-90, abandoning the right-of-way for Pearl Street and 16 feet of alley located between Lots 1 through 4 of Block 68 as required for the replat of Old School Square property, is before the Commission for consideration. The caption of Resolution No. 42-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE RIGHT-OF-WAY FOR PEARL STREET AND 16' ALLEY LOCATED BETWEEN LOTS 1 THRU 4 OF BLOCK 68, TOWN OF LINTON AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 42-90 is on file in the official Resolution Book) 34. Resolution No. 43-90. Resolution No. 43-90, assessing costs for abatement action required to demolish an unsafe structure at 702 N.W. 1st Street, is before the Commission for consideration. The caption of Resolution No. 43-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 43-90 is on file in the official Resolution Book) 35. Resolution No. 44-90. Resolution No. 44-90, assessing costs for abatement action required to demolish an unsafe structure at 1021 Germantown Road, is before the Commission for consideration. The caption of Resolution No. 44-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS -17 4-24-90 FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COST INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 44-90 is on file in the official Resolution Book) 36. Resolution No. 45-90. Resolution No. 45-90, assessing costs for abatement action required to demolish an unsafe structure at 902 S.W. 10th Street, is before the Commission for consideration. The caption of Resolution No. 45-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 45-90 is on file in the official Resolution Book) 38. Award of Bids and Contracts. A. 1990 Street Resurfacing Project - Community Asphalt Corporation in the amount of $216,866.95 to resurface and stripe 29 streets and to construct a 4250 X 5 foot wide bike path along the west side of Homewood Boulevard. Funding is available from General Construction Fund - Resurfacing (Account No. 334-3162-541-60.53). B. Photographic Supplies - Photoline Supplies, Inc. in the amount of $20,000 with funding from various departments operating budgets. Ms. McCarty moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 39.A.1. Mayor Lynch stated since there is no detailed job description set up for the City Manager or the City Commission, he would like to recommend looking at that under Mr. Harden's term and set specific goals for the responsibility of roles. Ms. McCarty stated when Mr. Bird was in the City's employ, the Commission unanimously approved guidelines for him in his position as Interim City Manager, which in most cases would be applicable to City Manager. A review of that list might be very helpful. Mayor Lynch commented it is critical that this also be carried out to the two Assistant City Managers as the Commission will be working with them when the City Manager is not available. 39.A.2. Mayor Lynch stated he would like to see more public input at the time of first reading in order to hear the concerns of the citizens be- fore it goes to second reading. He questioned the legality of letting the citizens voice their opinions on first reading, and Commis- sion only on second reading. The City Attorney advised this can be done -18 4-24-90 as long as first reading is noticed for public hearing, but if modifica- 'tions are made, it will affect the advertised caption and would have to be readvertised. Mayor Lynch stated he, in some form, would like to have the Commission respond to the citizens that speak during the public hearing. Ms. McCarty commented she would prefer to have the opportunity to review her backup first in order to respond in an informed and intelligent manner. Dr. Alperin stated he does not choose to get into an expression of opinion, but sees no problem with giving direction. Mayor Lynch suggested the subject of response to public opinion and the time frame for the meetings should be workshopped. Mr. Randolph stated these items should be very critically looked at and should be general, not specific. If there is a problem it should be taken to workshop and the person should be invited to attend. 39.A.3. Mayor Lynch commented when the City goes out for bids they should incur the City costs. 39.A.4. Ms. McCarty suggested a meeting be set up with Boca and Boynton separately, before the joint meeting, as they each have issues that the other cities may not have a common interest in. 39.A.5. Ms. McCarty stated Lindell Boulevard, where it runs into Brant Street, has an engineering nightmare occurring and questioned how long it would look like that. 39.A.6. Ms. McCarty questioned if Mr. Weatherspoon, who was unable to be here during the input session, would be permitted to speak at this time. The City Attorney advised the agenda has to be amended in order to do that. 39.A.7. Ms. McCarty thanked the City Attorney for all his help; he was a great City Attorney and he will be missed. 39.A.8. Dr. Alperin expressed thanks to the City Attorney for all his help. He has always been a true gentlemen, did his job very well, and will be missed. Dr. Alperin wished the City Attorney all the best. 39.B.1. The City Attorney commented he had no official items, but an unofficial thank you for the plaque and the Resolution that was adopted this evening. The City Attorney expressed his thanks for the support he has received over the years, and has felt it a privilege being here and he will miss everyone. 39.C.1. The Interim City Manager had no comments. Mayor Lynch declared the meeting adjourned at 9:52 P.M. ~ity CierW ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 24, 1990, which minutes were formally approved and adopted by the City Commission on ~~J ~ /990 · / ! -19 4-24-90 .... ~ Cfty Clerk - / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -20 4-24-90 'FORM 8B MEMORANDUM 'OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ~ A:,T NAME--F'IRST NAME--MII)DLE NAME NAME OF BOARD. COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE MAILING .XI)DRESS THE BOARD. COUNCn., COMMISSION, AUTHORITY, OR COMMITTEE ON  COUNTY OTHER LOCAL AGENCY ('OUNFY , DATE MY POSITION IS: On w~K'H WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an e{ective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and tile this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ( I I ¢H4\1 xI:I 10-~6 PA(;F IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or __ inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFF[CE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE